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Corral v. Colvin, 16 C 4315. (2016)

Court: District Court, N.D. Illinois Number: infdco20160602h57 Visitors: 25
Filed: Jun. 02, 2016
Latest Update: Jun. 02, 2016
Summary: MEMORANDUM ORDER MILTON I. SHADUR , Senior District Judge . Because the original Complaint filed pro se by plaintiff Efren Corral ("Corral") seeking benefits under the Social Security Act had mistakenly attached as an exhibit an early-stage unfavorable decision issued by Social Security Administration ("SSA") personnel, Corral's action clearly appeared to be barred as untimely on its face. That caused this Court's sua sponte dismissal of the action on April 21 of this year, thus mooting Co
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MEMORANDUM ORDER

Because the original Complaint filed pro se by plaintiff Efren Corral ("Corral") seeking benefits under the Social Security Act had mistakenly attached as an exhibit an early-stage unfavorable decision issued by Social Security Administration ("SSA") personnel, Corral's action clearly appeared to be barred as untimely on its face. That caused this Court's sua sponte dismissal of the action on April 21 of this year, thus mooting Corral's contemporaneously filed In Forma Pauperis Application ("Application") and Motion for Attorney Representation ("Motion for Counsel"). But Corral then retained counsel, who filed a motion for relief under Fed. R. Civ. P. ("Rule") 60(b) (the "Rule 60(b) Motion"), attaching a proposed Amended Complaint that in turn included as an exhibit the later adverse ruling by the SSA's Appeals Counsel dated February 11, 2016.

It appeared from counsel's filing that Corral had indeed gotten in just under the wire with his original Complaint, although the touch-and-go time sequence led this Court to request a confirmation of the actual date of Corral's receipt of that adverse ruling, rather than his relying on a presumptive date of receipt as Rule 60(b) Motion ¶ 4 had sought to do. Corral has now responded to that request (see his attached May 25 letter), and — as had seemed most likely — he has confirmed the timeliness of his lawsuit.

Accordingly Corral's Rule 60(b) Motion is granted and his action is reinstated, with leave granted to file the Amended Complaint. And because those actions have effectively revived the previously mooted Application, that too is granted (although the Motion for Counsel remains moot). This action is set for a next status hearing at 9:15 a.m. August 31, 2016, to allow ample time for appropriate interim action by both sides looking to the ultimate resolution of the case.

ATTACHMENT

Source:  Leagle

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